REGULAR MEETING OF NOVEMBER 6, 2002

 

 

A Recess Meeting of the Mayor and Board of Aldermen of the City of Ocean Springs was called to order by Mayor Ainsworth at 6:00 p.m. on November 6, 2002, at City Hall in the City of Ocean Springs.  Present were Aldermen Jalanivich, Lloyd, McDonnell, Cody, Carvin, Dalgo and Gill, City Attorney Oscar Jordan and City Clerk Adrienne Howell.

 

Alderman Cody gave the Invocation.

 

Mayor Ainsworth led the Pledge of Allegiance.

 

At this time Reverend Barnett of First Baptist Church invited the Mayor and Board of Aldermen to attend the church’s Veterans Day service and dinner on November 10, 2002 at 10:00 a.m.

 

Mike Strife, on behalf of the Walter Anderson Museum of Art, gave a presentation regarding the museum’s plans for expansion.  The cost of the project was estimated to be more than $2,000,000.00 and was expected to be completed by December 2005.  Mr. Strife asked the City to consider providing financial assistance for the project but stated the purpose of the presentation tonight was just to begin the dialogue process.

 

Chris Gouras of Jimmy G. Gouras, Urban Planning Consultants, Inc. addressed the Board regarding 2003 CDBG grant funds.  He identified an area for drainage improvements encompassing Bills Ave., Clark Ave., the west side of Holcomb Blvd., the south end of Stuart Ave., Bradford Cir., and Odgen.  The total projected cost of the project was $500,000.00, with the City providing $150,000.00 match.  He anticipated that no funds would be spent until the FYE 2004 budget.

 

(Resolution)

 

Consent Agenda

 

City Clerk:

a)      Approve Minutes of Recess Meeting of October 2, 2002

b)      Approve Minutes of Recess Meeting of October 15, 2002

c)      Pay Docket of Claims and spread docket summary upon the Minutes:

(Docket Summary)

d)      Accept Action Report

        Police Dept.:

e)      Accept Police Report for August 2002

f)        Accept Police Reserve Report for August 2002

g)      Authorize Police Chief to attend Hurricane Conference 2003, prepay registration fee and pay all other reasonable and actual expenses

h)      Allow Det. James Owens to attend Computer Crime Investigation Course in Knoxville, TN, on December 2-6, 2002, prepay $699.00 tuition and pay all other reasonable and actual expenses

i)        Hire Barbara Molden as Dispatcher at Band 3/Step 3 ($10.23 hr.), contingent upon successful completion of all pre-employment requirements:

(Molden Hire Letter)

        Fire Dept.:

j)        Accept Fire Report for September 2002

k)      Declare the 1986 Chevrolet school bus donated by Ocean Springs School System as surplus and of no value to the City, and authorize its disposal:

(Bus Memo)

l)        Allow Lt. Terry Webb to attend MS Fire Investigators Association 2002 Fall Seminar in Vicksburg on November 20-22, 2002, prepay $85.00 registration fee and pay all other reasonable and actual expenses

m)    Allow Fire Chief to attend MEMA Intermediate Incident Command course in Jackson on November 20-22, 2002, at no cost to the City

n)      Allow Fire Chief, Capt. Pat Williams, Lts. Jeff Ponson, Wayne Emile, Terry Webb, Randall Rogers, Nate Wilson, Crispus Medley and Firefighter Mathew Bigelow to attend Weapons of Mass Destruction Incident Command course in Anniston, AL, during January, February or March 2003, with only cost to the City being meals during travel

        Public Works:

o)      Pay invoice from Graham Construction Co., Inc. ($2,045.25) regarding sewer repairs on I’berville Dr.:

(Graham Invoice)

p)      Pay invoice from Graham Construction Co., Inc. ($986.40) regarding sewer repairs on Lafontaine:

(Graham Invoice)

q)      Pay invoice from Graham Construction Co., Inc. ($662.40) regarding sewer repairs on Forest Hill/Magnolia Ave.:

(Graham Invoice)

r)       Pay invoice from Graham Construction Co., Inc. ($16,245.90) regarding sewer repairs on Bechtel Blvd.:

(Graham Invoice)

s)       Pay invoice from Graham Construction Co., Inc. ($1,140.25 – retainage) regarding work performed on Lift Station No. 51:

(Graham Invoice)

t)        Hire Robert D. Bang as Tractor Operator in Street Dept. at Band 2/Step 3 ($9.05 hr.), effective upon successful completion of all pre-employment requirements:

(Bang Hire Letter)

u)      Authorize City Clerk to advertise bids or allow Public Works to purchase at state contract prices the following items:  3 pickup trucks; 1 slope mower tractor (side arm):

(Bid Items)

v)      Ratify emergency purchase for tree service from White’s Tree Surgery at Bechtel Blvd. on October 19, 2002 ($550.00):

(Emergency Purchase – Tree Service)

        Community Development & Planning:

w)    Accept Planning Commission recommendation with contingencies to grant a special use permit to Steve and Lana Robinson for operation of a Bed & Breakfast facility at 3307 Government St.:

(Robinson Documents)

x)      Accept Historic Preservation Commission recommendation with regard to COA for Fred Rehage at 421 Jackson Ave.:

(Rehage Documents)

y)      Pay invoice from Twin L Construction, Inc. ($17,056.25) regarding Government St. Improvements and pay $12,414.75 from FYE 2002 budget and $4,641.50 from FYE 2003 budget, with portion of expenses to be reimbursed through 2002 Transportation Enhancement Grant Program of MS Forestry Commission:

(Twin L Invoice)

z)       Approve Application for Payment No. 6 from Fletcher Construction Co., Inc. ($227,287.80) regarding Mary C. O’Keefe Cultural Center and release payment upon receipt of federal and state funds:

(Fletcher Invoice)

aa)   Refund Dr. Don LaGrone $15.00 for banner permit fee erroneously paid:

(LaGrone Letter)

bb)  Adopt Resolution Assessing Lot Cleaning Cost regarding 1228 Vermont Ave.:

(Lot Cleaning Resolution)

        Risk Manager/HR Director:

cc)   Authorize HR Director to advertise for part-time Human Resource Clerk as outlined in memo dated October 29, 2002:

(HR Letter)

dd)  Allow HR Director to attend PERS seminar in Biloxi on November 14-15, 2002

        City Attorney:

ee)   Pay invoice from Harris Geno & Dunbar, P.A. ($3,628.27) regarding $950,000.00 General Obligation Notes:

(Harris Invoice)

        Mayor:

ff)      Return all department heads and employees that have been temporarily paid on an hourly basis since the last hurricane back to salary status effective October 25, 2002:

(Salaried Status Memo)

        Miscellaneous:

gg)   Release $5,000.00 of the $10,000.00 committed to the Mississippi Vietnam Veterans Memorial Committee, Inc. for construction of the supporting base for the main mast off of the Cruiser U.S.S. Mississippi (CGN-40):

(MS Vietnam Veterans Memorial Committee Letter)

 

Items p, q, y and ff were removed from the Consent Agenda for further consideration.

 

Motion by Dalgo, seconded by Cody, to approve the Consent Agenda, excluding items p, q, y and ff.

 

VOTING AYE ALL

VOTING NAY NONE

 

Department Reports

 

Police Dept.

 

The Police Dept. and Public Works Dept. were commended for their work during the Peter Anderson Festival.

 

City Engineer

 

(Resolution - Drinking Water System Improvements (Contract A), SRF #DWI-H280035-02, new elevated tank)

 

(Resolution - Drinking Water System Improvements (Contract B), SRF #DWI-H280035-02, water line)

 

The Board agreed that the proposed sign for the Fort Bayou boat ramp would be changed to read “Percy Miller Marine Education Park.”

 

Public Works

 

(Tropical Storm Isidore – Emergency Purchase)

 

Motion by Jalanivich, seconded by Dalgo, to ratify the emergency purchase of 300 tons of limestone and 200 yards of sand from Henze Enterprises, Inc. in the total amount of $7,650.00 regarding Tropical Storm Isidore.

 

VOTING AYE ALL

VOTING NAY NONE

 

After giving consideration to items p and q of the Consent Agenda, the following motion was made.

 

Motion by Lloyd, seconded by McDonnell, to approve items p and q of the Consent Agenda.

 

VOTING AYE ALL

VOTING NAY NONE

 

Alderman Carvin asked about the Mimosa Cove repairs.  The Public Works Director reported that a letter was sent to the developer and the contractor informing them that the work, in his opinion, was not done properly and that he was currently in discussions with them to resolve the issue.  The City Attorney reported that he was seeking a mutual solution to the problem.

 

Alderman Jalanivich suggested the City begin the process to get the water and sewer out Hwy 90 to Hwy 57, and up Hwy 57 to Sunplex.  The Public Works Director reported that funds were not currently available, however, the City should start looking for a funding source.  He added that there had been several substantial projects that had died on the vine waiting on water and sewer.

 

Motion by Jalanivich, seconded by Dalgo, to direct the Public Works Director to report back to the Board with a preliminary cost figure for water and sewer extension to the north side of Highway 90 and Sunplex.

 

Alderman McDonnell asked what the fastest route was to get water to the corner of Hwy 57 and Hwy 90.  The Public Works Director replied that Sunplex was the fasted route and added that the problem was with the well capacity, not the tank.  He added that the problem dealt with the size of the pump and the well location, which is in a different strata of water.  He told the Board that a projected timeframe for getting water to the church project at the corner of Hwy 57 and Hwy 90, if monies were available, was 6-8 weeks if it could come from Sunplex, however, if the water line was run from Hwy 90 out and done it in-house, it could be 4-6 months.  He added that sewer would be about 6-8 times the cost of running water and would be about a year away. 

 

Alderman McDonnell asked Dr. Chris Duke, on behalf of St. Paul’s United Methodist Church, how much delay it would cause the church.  Dr. Duke replied that it needed to be done, if possible, by the end of the year.  He added that they had some temporary well water that could be run for some of the construction phase.  However, although sewer was needed also, water was the priority.

 

After hearing all discussion on the issue, the question was called and the vote was as follows:

 

VOTING AYE ALL

VOTING NAY NONE

 

Next, discussion was held regarding item ff of the Consent Agenda.  Mayor Ainsworth asked that all salaried employees who were temporarily paid on an hourly basis due to the storms be returned to salary status with the exception of Andre Kaufman, who was still working on the disaster issue.

 

Motion by Jalanivich, seconded by McDonnell, to return all salaried employees who were temporarily paid on an hourly basis due to the storms back to salary status, with the exception of Andre Kaufman.

 

VOTING AYE ALL

VOTING NAY NONE

 

Mayor Ainsworth announced that he had received a letter from Renee’s Quality Meats thanking the City for its participation in the Peter Anderson Festival.

 

Community Development & Planning

 

Alderman Gill was temporarily absent at this time.

 

Alderman Jalanivich told the Board that he had pulled item y from the Consent Agenda in error.

 

Motion by Jalanivich, seconded by Cody, to approve item y of the Consent Agenda.

 

VOTING AYE ALL

VOTING NAY NONE

TEMPORARILY ABSENT AND NOT VOTING Alderman Gill

 

Alderman Gill returned to the meeting at this time.

 

At this time Mayor Ainsworth opened the lot cleaning hearing regarding 9200 Ocean Springs Rd.  The City Planner reported that he had received no written comments regarding the property.  Neither the property owner nor a representative was present for the hearing.  Mayor Ainsworth then declared the hearing closed.

 

Next, Mayor Ainsworth opened the lot cleaning hearing regarding 5316 Culeoka Dr.  The City Planner reported that he had received no written comments regarding the property.  Neither the property owner nor a representative was present for the hearing.  Mayor Ainsworth then declared the hearing closed.

 

Motion by Jalanivich, seconded by Cody, to proceed to the next step in the lot cleaning process regarding 9200 Ocean Springs Rd. and 5316 Culeoka Dr.

 

VOTING AYE ALL

VOTING NAY NONE

 

Motion by Dalgo, seconded by Carvin, that no further permits be issued in Hidden Oaks Subdivision until the bridge has been repaired.

 

VOTING AYE ALL

VOTING NAY NONE

 

Recommendations for speeding up the lot cleaning process was held over until the next meeting.

 

Motion by McDonnell, seconded by Gill, that the City Planner be directed to contact the State to get the particulars on grant monies available for green spaces and enhancements on the Highway 90 medians.

 

VOTING AYE ALL

VOTING NAY NONE

 

At this time discussion was held regarding the proposed assisted living development at the corner of Hanley Rd. and Government St.  Alderman Dalgo asked if the property was zoned for that type of development and asked the City Planner for information he could provide to his constituents.  The City Planner reported that the 8-acre property was split-zoned C-3 and R-2 and had been vacant over the years.  He added that it was not currently zoned for the proposed use.  Alderman Dalgo was concerned about the signs placed on the property advertising that applications were being accepted for lease.  The City Planner explained that he had no control over the advertisements by the real estate agent and developer.  He told the Board that a special call meeting of the Planning Commission was being held to address their request for rezoning, however there were other issued that needed to be addressed such as traffic, water, sewer, etc.  He advised the Board that he had already put information regarding the proposed development in their boxes.  Alderman Dalgo stated for the record that the project was not a done deal.

 

Risk Manger/HR Director

 

(Walter Anderson Murals Insurance)

 

Motion by McDonnell, seconded by Gill, to renew the insurance for the Walter Anderson Murals at the Community Center with Huntington T. Block Insurance Agency, Inc. at a cost of $9,200.00 and to pay the invoice.

 

VOTING AYE ALL

VOTING NAY NONE

 

(Fort Maurepas – Security System)

 

Motion by Jalanivich, seconded by Cody, to accept the Risk Manager’s recommendation to purchase a security system for Fort Maurepas consisting of a video camera and silent alarm from Security Solutions, LLC at a total cost of $7,685.00, plus the cost of a telephone line.

 

VOTING AYE ALL

VOTING NAY NONE

 

City Attorney

 

(Resolution to Accept Assignment of Use Contracts for Customers of Utility Systems, both Water and Sewer, of Sunplex Utility System)

 

Exhibit A in on file in the office of the City Clerk.

 

(Resolution Authorizing Mayor and City Clerk to Accept and Execute that Certain Assignment of Contract Maintenance for 400,000 Gallon Hydropillar Water Tank for Remainder Due Thereon, as Due)

 

Exhibit A in on file in the office of the City Clerk.

 

Motion by Cody, seconded by Gill, to authorize and direct the Mayor and City Clerk to go forward with the purchase of the Sunplex Utility System and to execute and take any and all actions relative thereto.

 

VOTING AYE ALL

VOTING NAY NONE

 

The City Attorney reported that Lynda and Tom Brokl’s attorney had proposed granting the City an access easement in exchange for the City not objecting to the vacation of the sewer easement that runs across the property.  He stated that the easement was not being utilized and that the Public Works Director and City Engineer had reviewed the matter and had no problem with it.  He told the Board that if the Brokls were successful in their suit to vacate the easement, their attorney had agreed to immediately record the access easement in favor of the City.

 

Motion by Jalanivich, seconded by Dalgo, to place the issues regarding resolutions for cemetery maintenance and tourism and economic development on the Action Report with a due date of January 2003.

 

VOTING AYE ALL

VOTING NAY NONE

 

Mayor

 

(Bailey Retirement/Wells temporary promotion letter)

 

Motion by Jalanivich, seconded by Cody, to authorize the Public Works Director to contact Civil Service to begin the process of filling the position of Sewer Dept. Supervisor.

 

VOTING AYE ALL

VOTING NAY NONE

 

Motion by Jalanivich, seconded by Cody, to temporarily promote Jessie Wells to the position of Sewer Dept. Supervisor at Band 7/Step 1, $15.42 per hour, upon Darrell Bailey, Sr. beginning his leave.

 

VOTING AYE ALL

VOTING NAY NONE

 

(Graham Letter)

 

Motion by Jalanivich, seconded by Cody, to continue to use Graham Construction Co., Inc. for sewer rehab work until such time as the Board awards the new contract.

 

VOTING AYE ALL

VOTING NAY NONE

 

At this time Anna Schoonover with Solutions, Inc., gave an update on permits for the recreation property.  She reported that an agreement had not yet been reached with the inner agencies, but that she would be meeting with the DMR and Corp of Engineers to provide them with a proposed 90 acre (+/-) development plan for the property.   She stated that the agencies wanted to see an overall development plan for the area that included the adjacent property as well.  She added that although most of the property owners had agreed to provide a plan for their property, she was having some difficulty in reaching one of the landowners.  She anticipated a timeframe of 4-8 months before a permit would be granted if all adjacent property owners participated.  The issue was to be discussed again at the December 3, 2002, board meeting.

 

At this time Carl Germany read aloud the following letter on behalf of HOSA expressing their appreciation for the planting on Government St.

 

(HOSA Letter)

 

Motion by McDonnell, seconded by Jalanivich, to accept the letter from HOSA and spread it upon the minutes.

 

VOTING AYE ALL

VOTING NAY NONE

 

The City Auditor reported that the City Attorney and City Clerk had provided him with a written response to the items outlined in the audit management letter, and that their response had been reviewed with and approved by the Mayor.  He told the Board that he would forward the audit management letter, along with the written response, to the State Audit Dept. and Federal Clearinghouse.

 

A report on CLG grant funds for Fort Maurepas was held over until the next meeting.

 

Curmis Broome was not present to address his issue “sign at Broome’s Grocery.”

 

Kirk Halstead, on behalf of the 1699 Historical Committee, advised the Board that the committee was in the process of reorganizing and would put forth their effort in making 1699 what it was a few years ago.  He thanked the City for their anticipated support.  Gloria Skillestad of the Fort Maurepas Society asked the Board to remember that the 1699 Historical Committee was about pageantry and the Fort Maurepas Society was about history.  Alderman McDonnell requested mission statements be submitted by the 1699 Historical Committee and the Fort Maurepas Society.

 

At this time there was much discussion concerning the subdivision moratorium and the legality of impact fees.

 

Motion by Jalanivich, seconded by Cody, to adopt the amended subdivision regulations at the next meeting and lift the subdivision moratorium.

 

VOTING AYE Aldermen Jalanivich and Cody

VOTING NAY Aldermen Lloyd, McDonnell, Carvin, Dalgo and Gill

 

THE MOTION FAILED.

 

Motion by Dalgo, seconded by Carvin, to adopt at the next meeting the amended subdivision regulations.

 

VOTING AYE Aldermen Lloyd, McDonnell, Cody, Carvin, Dalgo and Gill

VOTING NAY Alderman Jalanivich

 

Motion by Gill, seconded by _____, to hold a work session on impact fees.

 

MOTION DIES FOR LACK OF A SECOND.

 

The Board agreed to consider the issue of impact fees at the next meeting.

 

Motion by Gill, seconded by Cody, that the Mayor and Park Commission write a joint letter to Mississippi Power Co. requesting permission to utilize the area west of the football field at Gay-Lemon Park for parking.

 

VOTING AYE ALL

VOTING NAY NONE

 

Motion by Gill, seconded by Jalanivich, to amend the FYE 2003 budget to allow $1,500.00 for the purchase of paintings and pottery to start a City art collection.

 

VOTING AYE ALL

VOTING NAY NONE

 

Motion by Gill, seconded by Jalanivich, to appoint an Art Acquisition Board consisting of Alderman Gill, Margaret Miller and Larry Cosper to select artwork, with the stipulation that the art must be purchased from Ocean Springs artists.

 

VOTING AYE ALL

VOTING NAY NONE

 

Audience Request

 

Gloria Skillestad asked that she be allowed to address the Board at their next meeting regarding 1699 and Fort Maurepas.

 

Doug Denehie suggested that effort be put into getting a group of citizens together to obtain input from the public regarding the City’s sports needs.  Commissioner Keith Zirlott advised that the Park Commission would start a committee that involves the presidents of all of the athletic leagues in the City.

 

Keith Zirlott reported that the estimated cost to patch the Freedom Field lights was $2,100.00.  He added that Mississippi Power Co. would be submitting a complete proposal for repair of the lights.

 

Larry Cosper told the Board that construction at the Mary C. O’Keefe Center was reaching the point that the Mac Anderson tiles should be removed from the building and placed in storage.  He suggested a conservator be obtained to look at the tiles and make a recommendation for their removal.

 

Motion by Jalanivich, seconded by Dalgo, to bring a conservator in to look at the Mac Anderson tiles in the Mary C. O’Keefe Center and give recommendation and estimate for removing them.

 

VOTING AYE ALL

VOTING NAY NONE

 

Motion by Carvin, seconded by Gill, to go into Closed Session to determine the necessity for an Executive Session.

 

VOTING AYE ALL

VOTING NAY NONE

 

Motion by Jalanivich, seconded by Carvin, to go into Executive Session to discuss potential litigation, the zoning appeal on the Ocean Springs Seafood property bill of exceptions, property acquisition and personnel.

 

VOTING AYE ALL

VOTING NAY NONE

 

The City Clerk announced to the audience that the Board had elected to go into Executive Session to discuss potential litigation, the zoning appeal on the Ocean Springs Seafood property bill of exceptions, property acquisition and personnel.

 

 

The Executive Session began at 9:50 p.m. with the City Attorney and Public Works Director.  The Public Works Director left the session at 9:55 p.m.  The Police Chief and Deputy Police Chief joined the Board at 10:05 p.m. and remained until 10:25 p.m.  The City Attorney left the session at 10:30 p.m., followed by Alderman Jalanivich at 10:40 p.m.  The Executive Session ended at 10:45 p.m.

 

Motion by Gill, seconded by Carvin, to resume the Regular Session.

 

VOTING AYE ALL

VOTING NAY NONE

 

Motion by Cody, seconded by Dalgo, to table item 6a of the agenda, Doug Wells – service weapon.

 

VOTING AYE ALL

VOTING NAY NONE

 

Motion by Jalanivich, seconded by Cody, to remove item 5f from the agenda, grassing cutting contract.

 

VOTING AYE ALL

VOTING NAY NONE

 

Alderman Jalanivich recused himself at this time.

 

Motion by Cody, seconded by Carvin, to employ Attorney Billy Parlin at no cost to the City to represent the City’s decision in the bill of exceptions that his been filed regarding the Ocean Springs Seafood property.

 

VOTING AYE ALL

VOTING NAY NONE

TEMPORARILY ABSENT AND NOT VOTING Alderman Jalanivich

 

Alderman Jalanivich returned to the meeting at this time.

 

Motion by Cody, seconded by Carvin, to recess until 6:00 p.m. on November 19, 2002.

 

VOTING AYE ALL

VOTING NAY NONE

 

 

 

 

 

 

 

______________________________                        _____________________________

                     City Clerk                                                                      Mayor

 

 

            ________________                                                    ________________

                        Date                                                                              Date